Employee vs. Employer Contributions
The plan likely includes both employee (participant) contributions and employer profit-sharing contributions. While an employee’s contributions and gains are typically considered 100% vested and easy to divide, the employer portion may be subject to a vesting schedule. It’s important to know what percentage of the employer contributions are vested at the time of separation or divorce. Unvested amounts are usually forfeited if the employee leaves the company before full vesting.
When drafting your QDRO, make sure it specifies whether it includes:
- Only vested plan benefits
- All account balances, including non-vested funds
This distinction will determine whether the alternate payee (the ex-spouse) has access to unvested funds or not.

